Application No: N/2003/585 Location: Land north-east of 44A Chalcombe Avenue Proposal: New shop (Class A1) and first floor flat Officer: David Bainbridge

Recommendation: APPROVAL subject to conditions.

Site Description and History: The application site is a grassed embankment, located to the north of Chalcombe stores on Chalcombe Avenue. To the east is Hamilton House and to the north is 46 Chalcombe Avenue. The area is primarily residential in nature.

There is no relevant planning history for the application site.

Planning Policy: Northampton Local Plan Policies H19, T17, R1, R2 and R13. Supplementary Planning Guidance: Parking.

Representations:

External

Sally Keeble MP – the existing shop is very small, people can hardly get around it. Stock delivery and wheelchair access is difficult. The applicant has a petition in support from the local community. The shop will serve the whole estate and it is unrealistic for elderly residents to travel to Kingsthorpe.

Letters of Support of the application have been received from the following residents: 44, 99, 24, 37, 9 and 48 Chalcombe Avenue, 7, 67, 27 and 30 Aynho Crescent 2 Helmdon Crescent, 8 Aynho Walk, 3 Spens House, 15 Evenly Road and 7 Helmdon Road. A petition with some 700 signatures organised by the applicant in support of the application has been received. In summary, the above support an \`extension' and/or expansion of the retail offer, and improved access.

Letters of Objection to the application have been received from the following residents: 43, 62, 41, 37, 95, 54, 38, 50, 4, 2, 12, 44, 33, 39, 69, 5, 36, 40 and 42 Chalcombe Avenue, 3, 4, 19 and 13 Evenly Road, 22 and 13 Helmdon Crescent, 31 and 4 Aynho Crescent, 11 and 3 Aynho Walk. Some of the above occupiers submitted a signed circular letter in opposition to the proposal. In summary, the above objections include: loss of open space, close proximity to houses, use of existing building as takeaway and anti-social behaviour. Internal

Environment Health – no objection in principle providing condition imposed regarding land contamination.

Appraisal:

The application site is recognised in the Local Plan as primarily residential. The existing store is recognised as a local centre for shopping. It is considered that the proposal complies with Policies R1 and R2. These Policies do not oppose new retail development adjacent to existing local centres, subject to consideration of such matters as scale, character, traffic, parking and demand.

The loss of the grassed area will not prejudice public open space or recreation because it is a relatively steep site that offers no formal recreational opportunities. It is not designated as recreational open space in the Local Plan.

There are 4 trees on the application site. 3 healthy Maples and a dead Thorn tree. The proposal will result in the loss of the Thorn tree and a Maple would be positioned within 2 metres of the rear boundary. Further exploration will determine the fate of the Maple and a landscape scheme can be imposed by condition.

The design of the new building is in-keeping with the existing character of the shop.

The new shop will not adversely affect residential amenity, although it will be within some 8 metres of 46 Chalcombe Avenue and some 10 metres of the flats in Hamilton House.

Parking is available on street and the site is located on a bus route. The option to relocate the bus stop between the buildings can be explored.

Conditions:

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

(2) Details and/or samples of all proposed external facing materials shall be submitted to and be approved by the Council prior to the commencement of construction work on site.

Reason: In the interests of visual amenity and to ensure that the development will harmonise with its surroundings.

(3) The premises shall be used for retail purposes (shops) and for no other purpose (including any other purpose in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order).

Reason: In the interests of amenity and to ensure that effective planning control is retained by the Council.

(4) No development shall take place until there has been submitted to and approved by the Council a detailed scheme of hard and soft landscaping for the site. The scheme shall include indications of all existing trees and hedgerows on the land and details of any to be retained. Reason: In the interests of amenity and to ensure a satisfactory standard of development.

(5) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Council gives written consent to any variation.

Reason: In the interests of amenity and to secure a satisfactory standard of development.

(6) The retained trees shall be protected to the satisfactory of the Council for the duration of the development by a stout fence to be erected and maintained in a location to be approved in writing by the Council. Within the fenced area no development works shall take place on, over or under the ground, no vehicles shall be driven, no materials or waste shall be deposited, no bonfires shall be lit or the ground level altered during the periods of development.

Reason: In order to ensure adequate protection of existing trees on the site in the interests of achieving a satisfactory standard of development and maintaining the amenity of the locality.

(7) The retail unit hereby permitted shall not be sub-divided without the prior written consent of the Council.

Reason: For the avoidance of doubt to enable the Council to assess the implications of an additional unit in this location.

(8) No development shall commence until a scheme for the replacement of the bus shelter on Chalcombe Avenue, including a timetable for completion of the works is submitted to and agreed in writing by the Council and implemented as agreed.

Reason: To ensure adequate access to the site and public transport.